PEOPLE v. BROOKS

Docket No. 32722.

88 Cal.App.3d 180 (1979)

151 Cal. Rptr. 606

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ORLANDO BROOKS, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

January 10, 1979.


Attorney(s) appearing for the Case

COUNSEL

Herbert F. Blanck, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Edward T. Fogel, Jr., and Janelle B. Davis, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

STEPHENS, J.

Defendant appeals his conviction of armed robbery on the ground that irrelevant and prejudicial hearsay evidence was erroneously admitted by the court under the state of mind exception to the hearsay rule.

Defendant was charged by information with robbery, a violation of Penal Code section 211. It was further alleged that defendant used a handgun while committing the offense, a violation of former Penal...

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